PANNA LAL GIRDHARI LAL Vs. UMA DEVI

JUDGEMENT

(1.) THIS appeal has been preferred against the order passed on 24.7.1998 by learned Single Judge deciding an important issue about tenancy, which alone appears to be the bone of contention amongst the parties. By the said order, learned Single Judge answered the issue "whether defendant No. 7 is a tenant of one shed, two rooms and a common bath room and lavatory in the suit property" in negative holding that the claim of tenancy by defendant No. 7 has not been proved. While answering the said issue, liberty was reserved to the plaintiff to apply for passing a final decree. Preliminary decree in the suit filed by the plaintiff Uma Devi was passed on 24.8.1980. Before proceeding further in the matter, it will be necessary to give a brief description of the parties to the suit and about their other relations, whose reference came up during course of this hearing. Hari Krishan, Brij Krishan, Gopal Krishan, Chander Krishan and Avtar Krishan are sons of Bal Krishan Das. Uma Devi, Vimla Devi, Jaswanti, Sheela Gupta and Swarna Gupta respectively being wives of the five brothers. Ram Kala Devi is wife of Bal Krishan Dass. Gopal Krishan died on 27.6.1979. His wife Jaswanti Devi pre -deceased him on 13.7.1973 leaving behind two children Balraj Krishan Dass son and Anjali (daughter). Balraj Krishan was born on 27.9.1957.

(2.) ON 9.7.1959, a suit for partition of property bearing Municipal No. 795 -809, Joshi Road, Karol Bagh, New Delhi was filed by Smt. Uma Devi wife of Shri Hari Krishan impleading Vimla Devi, as defendant No. 1 Sheela, as defendant No. 2, Swarna, as defendant No. 3, Ram Kala Devi, as defendant No. 4; Balraj Krishan, as defendant No. 5 and Ms. Anjali as defendant No. 6. M/S Parma Lal Girdhar Lal Pvt. Ltd. a company incorporated with Bal Krishan Das, Managing Director and his four sons Shri B.K. Gupta, Shri Gopal Krishan Gupta, Shri Chander Krishan Gupta and Shri Avtar Krishan Gupta being the directors, all having 250 equity shares, was impleaded as defendant No. 7.

(3.) AT this stage, it may be mentioned that the names of Smt. Ram Kala Devi (defendant No. 4) and Anjali (defendant No. 6) were ordered to be deleted on 21.4.1980. There was no dispute as regards ownership of the property. It was admitted that the property was owned in equal shares by Uma Devi, Vimla Devi, Shiela Gupta, Swarna Gupta and Balraj Krishan Gupta. In the written statement filed by defendant No. 1 Smt Vimla Devi, it was pleaded that defendant No. 7 M/S Panna Lal Girdharlal Pvt. Ltd. are the tenants in part of the suit property since 1.8.1973 with one shed, two rooms for office purposes and common bath room and lavatory and had been regularly paying rent to the co -owners. Rest of the portion of the property was in occupation of M/S Victor Cables Corporation, as a tenant. It was also alleged that defendant No. 7 has the tenancy rights in the property in suit and M/S Victor Cables Corporation had also tenancy right in the suit property through M/S Victor Cables Corporation had not been impleaded as a party to the suit.